§ 90.028  ENFORCEMENT; COMPLIANCE; DIVISION OF TRANSPORTATION POWERS AND RESPONSIBILITIES.
   (A)   Enforcement. Enforcement of the provisions of this chapter, shall be in accordance with the Illinois Compiled Statutes as referenced in § 90.021.
   (B)   Compliance. No access or use related work shall be performed in the highway right-of-way which does not comply with the provisions set forth in this chapter. Should an access, utility or facility be illegally placed within the county right-of-way it shall be removed by the owner. If the owner refuses or fails to remove an illegal access, utility or facility upon written notice, LCDOT shall have the right, but not the duty, to remove the illegal access, utility or facility and invoice the owner for the cost of the removal. Notice from LCDOT will be given in writing, via certified mail, and shall allow the owner a minimum of ten working days from receipt of the notice to remove the illegal access, utility or facility. Removal shall include restoration of the county right-of-way to an equal or better condition than existed before construction.
      (1)   Whenever any provision of this chapter sets forth any time for any act to be performed by permittee, such time shall be deemed to be of the essence. The permittee's failure to perform within the time allowed shall, in all cases, be sufficient grounds for the county to invoke an appropriate remedy or penalty.
      (2)   The permittee shall not be excused from complying with any of the requirements, rules, regulations, and specifications of this chapter as a result of any failure of the county, on any one or more occasions, to insist on the permittee's performance or to seek the permittee's compliance with said requirements, rules, regulations, and specifications.
   (C)   Division of Transportation: powers and responsibilities. By authority of the County Board and adoption of this chapter, through powers vested through the Illinois Compiled Statutes, as amended, and all other applicable laws, statutes, orders, and regulations of the State of Illinois and the County of Lake, the County Board of Lake County hereby grants and assigns to the County Engineer and the Lake County Division of Transportation the following powers, responsibilities, strategies and practices regarding enforcement of this chapter:
      (1)   To review plans, specifications, studies, and estimates and issue or deny permits for work within the county highway rights-of-way.
      (2)   To develop and set in place application procedures, issue permits and maintain records thereof.
      (3)   To develop and publish a Technical Reference Manual to assist and guide the public in procedures and requirements for such permits. This manual shall include application procedures, forms, technical engineering standards and requirements for type, extent and nature of the studies, drawings, engineering plans, or any other types of documents that are needed for the administration and implementation of this chapter, and to change,  modify, and/or update these materials, applications, and permits as needed.
      (4)   To update, modify and/or revise the Technical Reference Manual including application procedures, forms, studies, drawings, engineering plans and standards, or any other types of documents as needed.
      (5)   To review, approve, disapprove, or cause changes and modifications to be made to all studies, drawings, engineering plans, and other documents that are required by this chapter or the Technical Reference Manual as they relate to access locations, highway improvements, or placement of utilities or facilities.
      (6)   To conduct inspections and field investigations as necessary to ensure compliance with the rules, regulations, and specifications of this chapter.
      (7)   To institute any appropriate action as set forth in the Illinois Compiled Statutes, as amended, or this chapter and to request that the State's Attorney institute any proceedings to prevent unlawful construction, reconstruction, alteration, modification, enlargement, conversion, and/or unlawful use of an access location providing service to a county highway or unlawful placement of a utility or facility after the adoption of this chapter.
      (8)   To advise the County Board on all proposed amendments to this chapter.
      (9)    To maintain and update the Access Management Highway Classification Map
      (10)   To designate an "Access Control Officer" within the LCDOT to oversee and administer the day-to-day implementation of this chapter.
      (11)   To grant and approve variations from the provisions of this chapter in accordance with the standards as set forth in § 90.030.
      (12)   To render interpretations of this chapter in accordance with the provisions set forth in § 90.027.
      (13)   To approve and disapprove plats in accordance with § 90.024.
      (14)   To hear and decide appeals from any decisions of the Access Control Officer or any other administrative officials made in the performance of their duties under the provisions of this chapter.
      (15)   To perform other such duties as are required by this chapter.
      (16)   To designate and supervise agents to operate in the County Engineer's capacity to perform such duties as are assigned by this chapter.
      (17)   To coordinate the requirements and provisions of this chapter with the governmental authority having land-use regulatory authority over a development taking access to a county highway.
      (18)   To have established a Coordination Council, to be chaired by the County Engineer, or his or her designee, to facilitate the timely placement, removal, relocation, or modification of utilities and facilities deemed necessary for highway and highway safety purposes pursuant to 605 ILCS 5/9-113, as amended.
      (19)   To establish rules of order and procedures, set meeting dates, prepare and distribute agenda for, prepare minutes of, and conduct meetings of the Coordination Council.
      (20)    To deliver on an annual basis as determined by the County Engineer to each member of the Coordination Council a copy of the County Five-Year Highway Improvement Program (605 ILCS 5/5-301, as amended), and the annual program as developed by the County Engineer.
      (21)   To notify, in accordance with 605 ILCS 5/9-113, as amended, the owner or owners of the utilities and/or facilities that require placement, removal, relocation and/or modification as a result of an impending county highway improvement.
      (22)   To establish strategies and practices as may be necessary to provide effective communication and coordination relating to proposed county highway improvements and the placement, removal, relocation, modification, or abandonment of utilities or facilities within county highway rights-of-way.
      (23)   To cooperate with any contractor responsible for the implementation of a county highway improvement in seeking the compliance of the owner, or owners, of any utilities or facilities located or abandoned within the county highway right-of-way with the provisions of this chapter and 605 ILCS 5/9-113, as amended.
      (24)   To collect, deposit in the County Highway Tax Fund, and expend such funds as may be derived from any fees collected pursuant to the administration of this chapter.
      (25)   To administer and carry out the provisions of this chapter in a reasonable time given staffing levels, workload, and budgeting constraints.
      (26)   To act at the direction of the Public Works, Planning and Transportation Committee in those matters relating to access improvements and programmed or ongoing highway improvements, including the preparation of joint agreements; recommending donation amounts; establishing escrow accounts for future highway improvements; and collecting, depositing, and expending donations and other such funds for county highway purposes.
(Ord. 19-1061, passed 7-9-2019)